Move to end protests at BayWalk clears first hurdle

ST. PETERSBURG — A city effort to privatize the sidewalk fronting BayWalk inched closer to reality Wednesday despite mounting opposition from downtown residents and freedom of speech defenders.

The city's Development Review Commission voted 6-1 to give the public sidewalk on the north side of Second Avenue N to the owners of the struggling downtown entertainment complex.

The vote allows the measure to move forward. The City Council is tentatively scheduled to vote on the measure later this month. A final vote could come as early as Oct. 1.

The sidewalk vacation is part of a $700,000 effort to bolster security and upgrade the sidewalks and other areas around BayWalk, once a symbol of downtown's growth. Mayor Rick Baker's administration insists a key part of the plan is privatizing the public sidewalk in front of BayWalk to prevent frequent protests that some say have hurt business.

Wednesday's meeting saw protesters waving signs outside City Hall and chanting against city leaders, the very activity they hope to protect at BayWalk.

Protesters argue BayWalk's troubles can be linked to rising unemployment and Florida's declining population, not peaceful demonstrations.

Marilyn Olsen, president of the Downtown Neighborhood Association, said downtown residents want BayWalk to thrive.

"We do not, however, agree that the vacation of the right of way is either appropriate or necessary," she said.

She said the transfer would negatively affect pedestrian access and urged the city to consider a nonpermanent solution instead.

City Attorney John Wolfe advised commission members that they need not consider the First Amendment arguments. He stressed the city could defend the constitutionality of the vacation in court if needed.

"What you are charged with is looking at the criteria that meets city code," Wolfe said.

Property manager Thomas McGeachy called the move a "prerequisite to the revitalization of BayWalk."

The St. Petersburg Area Chamber of Commerce and St. Petersburg Downtown Partnership spoke in favor of the measure.

Engineering consultant Leonard Schmiege was the only city candidate to attend the meeting.

"The only reason they want to vacate this sidewalk, the one and only reason, is to allow for the BayWalk management to arrest people they don't want there," said Schmiege, who is running for District 8 council seat against incumbent Jeff Danner. "This is the first step in what could be a very horrendous precedent."

Cristina Silva can be reached at csilva@sptimes.com or (727) 893-8846.

This story has been changed to reflect to this correction:

St. Petersburg City Attorney John Wolfe told city development commission members that they didn't need to consider First Amendment arguments when deciding whether to give a public sidewalk at BayWalk to the complex's owners. A story Thursday was incorrect on his position.